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Alimony/Support Award Must Include Proper Factual Findings

May 25, 2016 by  
Filed under Uncategorized

Alimony Award

Where an alimony award is not based on the statutory factors set forth in Florida Statute Section 61.08(2), or there are not sufficient factual findings to support those factors it may be reversed on appeal.

Florida Statute Section 61.08(2) requires a factual finding that the party seeking alimony needs support, to maintain the same lifestyle as was enjoyed during the marriage, and the party that is requested to pay the alimony has the ability to pay it.  The statute requires that the following factors are considered;  standard of living, length of marriage, financial resources, earning ability, contributions to the marriage, responsibilities to children, tax consequences of an award, all sources of income, and other factors necessary to be fair and just.  A final judgment awarding alimony must make specific factual findings in relation to the factors set forth in the statute.

In Watford v. Watford, the Fourth District Court of Appeals for the State of Florida reversed an alimony award which did not meet these requirements.  The judgment did not contain specific factual findings in support of the statutorily specified alimony factors, there was insufficient evidence to support the income upon which the alimony calculation was based, and because the trial court mistakenly used gross income rather than net income to calculate alimony.

You need a lawyer on your side who understands what evidence to present to the court in support of or in opposition to an alimony claim and who can identify any errors in a ruling that may lead to its reversal.

If you have a question concerning alimony or the appeal of an alimony award contact us to schedule a consultation with one of our lawyers.

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